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Contents:

§360-2.11 Hydrogeologic report.

The hydrogeologic report must define the landfill site geology and hydrology and relate these factors to regional and local hydrogeologic patterns; define the critical stratigraphic section for the site; provide an understanding of groundwater and surface water flow at the site sufficient to determine the suitability of the site for a landfill; establish an environmental monitoring system capable of readily detecting a contaminant release from the facility and determining whether the site is contaminating surface or subsurface waters; and form the basis for design of the facility and contingency plans relating to ground or surface water contamination or gas migration as required in section 360-2.10 of this Subpart. The scope and extent of investigations necessary in the hydrogeologic report will vary based upon the hydrogeologic complexity of the site and the ability of the site to restrict contaminant migration. Additionally, the hydrogeologic report must define the engineering properties of the site as necessary for proper design and construction of any facilities proposed to be built at the site.

(a) Requirements of the site investigation plan. The site investigation plan must clearly define all methods used in investigating the hydrogeologic conditions of the site, the scope of the intended investigation, and any specific hydrogeologic questions to be addressed. The applicant is strongly encouraged to develop a draft version of the plan for review by the department before starting the hydrogeologic investigation that begins to define the critical stratigraphic section, and to keep the department informed of the findings and subsequent investigative proposals as the study proceeds. The final version of the plan, included in the hydrogeologic report section of the permit application, must fully describe all methods of investigation used. Unless otherwise approved by the department, the plan must comply with the following:

(1) General requirements for all methods used. In obtaining the required hydrogeologic information, the applicant must employ current, standard, and generally accepted procedures. All work must be done in accordance with applicable American Society for Testing Materials standards or current and appropriate U.S. Environmental Protection Agency and department guidance documents. Alternative or innovative methodologies may be approved by the department; however, the department may initially require redundant technologies to prove the reliability of a new methodology. All procedures must be conducted under the supervision of a qualified groundwater scientist having experience in similar hydrogeologic investigations, in a manner that ensures accuracy of the data and precludes environmental degradation. The location of all installations, geophysical and geochemical surveys, and seismic lines for the proposed investigation must be shown on a map with the same scale and coordinate grid system used on the engineering plans (see section 360-1.9[e] of this Part).

(2) Literature search. A comprehensive search must be made for pertinent and reliable information concerning regional and site specific hydrogeologic conditions. The literature search must include, as available, records and reports of the New York State Department of Health, the New York State Department of Transportation, the U.S. Soil Conservation Service, and the New York State Geological Survey; basin planning reports, groundwater bulletins, water supply papers, professional papers and other open file reports of the U.S. Geological Survey; bulletins, circulars, map and chart series, memoirs and other publications of the New York State Geologic Survey; publications and bulletins of the Geological Society of America and other professional organizations; and publications of the U.S. Environmental Protection Agency and the department, college and university reports; and aerial photography or remotely sensed imagery.

(3) Surficial geologic mapping. The site must be mapped to determine the distribution of surficial deposits on and surrounding the site based upon information from the hydrogeologic investigation, field evaluations, and field confirmation of all interpretations made on the site itself.

(4) Test pits. Test pits may be used to determine shallow stratigraphy. The test pits must not create a health or safety hazard and must be logged by a geologist or geotechnical engineer with experience in similar hydrogeologic investigations. Logs must include: elevations; surface features before excavation; depth of the test pit and of all relevant horizons or features; moisture content of units; standard soil classifications (including the Unified Soil Classification System), stratigraphy, soil structure, bedrock lithology, brittle, or secondary structures in soil and bedrock; and a sketch showing these features for each test pit constructed. Test pits must be promptly backfilled and compacted with excavated materials. The department may require that, if a test pit is dug, undisturbed soil samples be taken and tested in accordance with subparagraph (9)(ii) of this subdivision.

(5) Water well surveys. A survey of public and private water wells within one mile downgradient and one-quarter mile upgradient of the proposed site must be conducted. Surveys must obtain, where available, the location of wells, which must be shown on a map with their approximate elevation and depth, name of owner, age and usage of the well; stratigraphic unit screened; well construction; static water levels; well yield; perceived water quality; and any other relevant data which can be obtained.

(6) Geophysical and geochemical surveys. The department may require the use of geophysical and geochemical methods, such as electromagnetic, resistivity, seismic surveys, remote sensing surveys, downhole geophysics, isotope geochemistry, and soil gas analysis, where necessary to justify the interpretations and conclusions of the site investigation report and to provide information between boreholes, and aid in the siting of wells.

(7) Tracer studies. The department may require the use of tracer studies to aid in understanding groundwater flow or to otherwise assist in devising an effective environmental monitoring plan.

(i) Where sites overlie weathered limestone or dolostone bedrock or where karst environments cannot be avoided, the department may require tracer studies before finalizing the bedrock monitoring plan. Tracer studies must identify, in specific detail, areas of groundwater flow from the facility attributed to secondary permeability, recharge and discharge areas on and surrounding the site, storage of groundwater, and variations of water quality seasonally and during high and low flow periods.

(ii) Where a site is otherwise unmonitorable because of existing contamination, the department may allow the use of tracers to aid in monitoring.

(8) Monitoring wells and piezometers.

(i) Construction in general.

(a) Monitoring wells and piezometers must define the three-dimensional flow system within the critical stratigraphic section to justify the interpretations and conclusions of the hydrogeologic report.

(b) Construction techniques must be appropriate to ensure that groundwater samples and head level measurements characterize discrete stratigraphic intervals; and to prevent leakage of groundwater or contaminants along the well annulus. If leakage is detected, it must be corrected or the well abandoned.

(c) Monitoring wells and piezometers may be placed individually or as well clusters. Well clusters consist of individual wells at varying depths in close proximity, each installed in its own boring. Multiple wells placed into one large borehole are prohibited unless prior department approval in writing is obtained.

(d) Soil borings, soil samples, and rock cores must characterize each stratigraphic unit within the critical stratigraphic section to justify the interpretations and conclusions of the hydrogeologic report.

(e) Every precaution must be taken during drilling and construction of monitoring wells to avoid introducing contaminants into a borehole. Only potable water of known chemistry may be used in drilling monitoring wells or piezometers unless otherwise approved by the department.

(f) All equipment placed into the boring must be properly decontaminated before use at the site and between boreholes. The initial cleaning at the site must ensure that no contaminants from the last site drilled will be introduced into the borings. All equipment must be steam cleaned between holes. Where possible, upgradient wells should be drilled first.

(g) Use of drilling muds is to be avoided unless prior department approval in writing is granted. If drilling muds are used, the material used must avoid the introduction of stray contaminants. Drilling muds must not be used within 10 feet of the screened interval.

(h) Air systems and drilling lubricants must not introduce contaminants into the borehole.

(i) Well borings must have an inside diameter at least two inches larger than the outside diameter of the casing and screen to ensure that a tremie may be properly used.

(j) Wells and borings must not be placed through or into waste unless prior department approval has been granted and sufficient safety precautions are employed. If waste is encountered unexpectedly during drilling, drilling of that boring must cease, the hole properly abandoned with cuttings properly disposed of and the department notified.

(ii) Construction of monitoring wells and piezometers.

(a) Well screens and risers must be constructed of materials selected to last for the required monitoring period of the facility without contributing contaminants to, or removing contaminants from, the groundwater. All materials used are subject to department approval. Joints, caps, and end plugs are to be secured by welds, threads with teflon tape, or force fittings. Solvents and glues or other adhesives are prohibited. Caps must be vented to allow for proper pressure equalization. The inside diameter of each well screen or riser pipe must be nominally two inches in diameter and must allow for proper development, survey and sampling equipment to be used within the screen and casing. A permanent mark should be made at the top of the riser pipe to provide a datum for subsequent water level measurements.

(b) Unless otherwise approved by the department, well screens are required for all wells and piezometers. All screens used must be factory constructed non-solvent welded/bonded continuous slot wire wrap screens of a material appropriate for long-term monitoring without contributing contaminants to or removing contaminants from the groundwater. The slot size of the screen must be compatible with the sand pack. Water table variations, site stratigraphy, expected contaminant behavior, and groundwater flow must be considered in determining the screen length, materials, and position. Where existing contamination is suspected or known, down hole geophysical techniques may be required by the department to aid in selecting well screen elevations.

(c) The sand pack surrounding the well screen must consist of clean,inert, siliceous material. Grain size must be based upon a representative sieve analysis of the zone to be screened. The sand pack must minimize the amount of fine materials entering the well and must not inhibit water inflow to the well. The sand pack must be placed in the annular space around the well screen and extend two feet or 20 percent of the screen length (whichever is greater) above the top, and six inches below the bottom, of the screen. The sand pack material must be placed using the tremie method or another method approved by the department and must avoid bridging. The sand pack must be checked for proper placement. A finer grained sand pack material (100 percent passing the No. 30 sieve and less than two percent passing the No. 200 sieve) six inches thick must be placed at the top of the sand pack between the sand and the bentonite seal.

(d) Bentonite must be placed above the sand pack using the tremie or other approved method to form a seal at least three feet thick. A 6 to 12 inch fine grained sand pack must be placed above the bentonite seal to minimize grout infiltration. If pellets or chips are used, sufficient time should be allotted to allow for full hydration of the bentonite prior to emplacement of overlying materials.

(e) Grout of cement/bentonite, bentonite alone, or other suitable, low permeability material, if approved by the department, must completely fill the remaining annular space to the surface seal. The grout mixture must set up without being diluted by formation water, and must displace water in the annular space to ensure a continuous seal. The grout mixture must be placed under pressure using a tremie or other method approved by the department. Auger flights or casing must be left in the hole before grouting to prevent caving. The cement used must be appropriate for the groundwater chemistry of the site.

(f) A protective steel casing, at least two inches larger in diameter than the well casing, must be placed over the well casing or riser pipe and secured in a surface well seal to adequately protect the well casing. A distinctive, readily visible marker must be permanently affixed to the protective casing or near the well to identify the well number and ensure visibility even in periods of high snow cover. A drain hole must be drilled at the base of the protective casing. A vent hole must be located near the top of the protective casing to prevent explosive gas build up and to allow water levels to respond naturally to barometric pressure changes. The annulus of the protective casing should be filled with gravel. A locking cap must be installed with one to two inches clearance between the top of the well cap and the bottom of the locking cap when in the locked position and a weather resistant padlock must be placed on the protective casing and duplicate keys provided to the department.

(g) A concrete surface seal designed to last throughout the planned life of the monitoring well must be constructed. The surface seal must extend below the frost depth to prevent potential well damage. The top of the seal must be constructed by pouring the concrete into a pre-built form with a minimum of three foot long sides. The seal must be designed to prevent surface runoff from ponding and entering the well casing. In areas where traffic may cause damage to the well, bumperguards or other suitable protection for the well is required. Any damaged or deteriorated surface seals must be reported to the department and repaired or replaced in an appropriate manner. The department may allow alternate designs when documentation is presented which demonstrates the intent of the regulations.

(h) Where under the circumstances of a particular situation the department believes that the methods identified in this section are inadequate, it may require that additional measures be taken to prevent migration of contaminants along the annulus of the well or to protect the well.

(i) Alternative construction methods for piezometers and wells which are not to be part of the environmental monitoring plan may be approved by the department if those methods meet the requirements set forth in clause (i)(b) of this paragraph.

(iii) Well and piezometer development. All wells and piezometers must be developed as soon as possible after installation, but not before the well seal and grout have set. Water must not be introduced into the well for development, except with approval of the department. Any contaminated water withdrawn during development must be properly managed. Development must not disturb the strata above the water-bearing zone or damage the well. The entire saturated screened interval must be developed. The department may require multiple attempts at well development to increase the likelihood that sediment free water can be obtained. Development methods should be appropriate for conditions/stratigraphy encountered. Placement of screens in a fine grained strata may require gentle development techniques to avoid pulling sediment into the well. The selected method must minimize to the greatest extent possible the amount of turbidity in the well.

(iv) Survey. The locations and elevations of all existing and abandoned test pits, soil borings, monitoring wells, and piezometers must be surveyed to obtain their precise location and plotted on a map in the hydrogeologic report. The vertical location of the ground surface and the mark made on the top of the monitoring well and piezometer risers must be accurately measured to the nearest 100th foot.

(v) Replacement of wells. All wells must be properly protected to ensure their integrity throughout the active and post-closure period of the facility. If, in the opinion of the department, water quality or other data show that the integrity of a well is lost, the well must be replaced and sampled within a time period acceptable to the department (but not to exceed 120 days) after written notification by the department. The initial sample for the replacement well must be analyzed for baseline parameters in the Water Quality Analysis Tables in this section.

(vi) Abandonment of wells. All soil borings or rock cores which are not completed as monitoring wells or piezometers and other abandoned wells must be fully sealed in a manner appropriate for the geologic conditions to prevent contaminant migration through the borehole. Generally, such sealing must include:

(a) Overboring or removal of the casing to the greatest extent possible, followed by perforation of any casing left in place. All casing and well installations in the upper five feet of the boring, or within five feet of the proposed level of excavation, must be removed.

(b) Sealing by pressure injection with cement bentonite grout, using a tremie pipe or other method acceptable to the department, must extend the entire length of the boring to five feet below the ground surface or the proposed excavation level. The screened interval of the borehole must be sealed separately and tested to ensure its adequacy before sealing the remainder of the borehole. Where the surrounding geologic deposits are highly permeable, alternate methods of sealing may be required to prevent the migration of the grout into the surrounding geologic formation. The upper five feet must be backfilled with appropriate native materials compacted to avoid settlement.

(c) The sealed site must be restored to a safe condition. The site must be inspected periodically after sealing for settlement or other conditions which require remediation.

(9) Geologic sampling.

(i) All borings and rock cores must be sampled continuously to the base of the critical stratigraphic section. For well clusters, continuous samples must be collected from the surface to the base of the deepest well. Other wells in the cluster must be sampled at all stratigraphic changes, and at the screened interval. At sites where the geology is not of a complex nature the department may allow a reduction in the number of wells requiring continuous sampling. Soil borings must be sampled using the split spoon method and bedrock or boulders must be sampled by coring with standard size NX or larger diameter core bits. Samples must be retained in labeled glass jars or wooden core boxes. All samples must be securely stored and accessible throughout the life of the facility. The location of the storage area must be designated in the operation and maintenance plan for the facility.

(ii) A representative number of undisturbed samples must be collected from test pits and soil borings using appropriate methods to identify the soil characteristics of all cohesive soil units. Such samples must be analyzed in the laboratory for: Atterberg limits; gradation curves by sieve or hydrometer analysis or both, as appropriate; undisturbed permeabilities; and visual descriptions of undisturbed soil structures and lithologies.

(10) Logs.

(i) Complete and accurate drilling logs must be provided to the department for all soil borings. These logs must provide detailed soil classification according to the Unified Soil Classification System (USCS). The USCS visual method must be used on all samples supplemented by the USCS laboratory tests on a representative number of samples from each stratigraphic unit and each screened interval. Logs also must contain a description of matrix and clasts, mineralogy, roundness, color, appearance, odor, and behavior of materials using an appropriate descriptive system. A clear description of the system used must be included with the logs. When undisturbed samples have been taken, the interval tested and the test results must be clearly shown on the logs. All well logs must contain drilling information as observed in the field including: moisture content, location of the water table during drilling, water loss during drilling; depth to significant changes in material and rock; sample recovery measured in tenths of a foot; hammer blow counts, and other pertinent comments; the method of drilling, anomalous features such as gas in the well, and the use and description of drilling fluids or additives, including the source, and calculated and actual amounts of materials used.

(ii) Rock core logs must describe the lithology, mineralogy, degree of cementation, color, grain size, and any other physical characteristics of the rock; percent recovery and the rock quality designation (RQD); other primary and secondary features, and contain all drilling observations and appropriate details required for soil boring logs. A clear photograph of all labeled cores must also be taken and submitted with the logs.

(iii) Well completion logs must contain a diagram of the completed well, all pertinent details on well construction, a description of the materials used, and elevations of all well features.

(iv) Copies of original field logs must be submitted to the department upon request.

(11) In situ hydraulic conductivity testing.In situ hydraulic conductivity testing must be done in all monitoring wells and piezometers, unless other methods that are approved by the department, are used. The testing method used must not introduce contaminants into the well. If contamination is known or suspected to exist, all water removed must be properly managed. Hydraulic conductivities may be determined using pump tests, slug tests, packer tests, tracer studies, isotopic geochemistry, thermal detection, or other suitable methods.

(b) Site investigation report. The site investigation report must include a final version of the site investigation plan, raw field data, analytical calculations, maps, flow nets, cross-sections, interpretations (and alternative interpretations where applicable), and conclusions. All maps, drawings and diagrams must have a minimum scale of 1:24,000, unless otherwise acceptable to the department. Such report must comprehensively describe:

(1) Regional geology. The discussion of regional geology must demonstrate how the regional geology relates to the formation of on-site geologic materials, the potential for and effects of off-site contaminant migration, and the location of nearby sensitive environments. This discussion must include available and appropriate information to describe:

(i) bedrock stratigraphy and structural features (represented on maps and columnar diagrams) constructed from field exposures and the geologic literature, describing formation and member names, geologic ages, rock types, thicknesses, the units' mineralogic and geochemical compositions and variabilities, rock fabrics, porosities and bulk permeabilities, including karst development, structural geology, including orientation and density or spacing of folds, faults, joints, and other features;

(ii) glacial geology, including a discussion of the formation, timing, stages, and distribution of glacial deposits, advances and retreats, hydrologic characteristics of the surficial deposits, such as kames, eskers, outwash moraines, etc.;

(iii) major topographic features, their origin and influence upon drainage basin characteristics; and

(iv) surface water and groundwater hydrologic features, including surface drainage patterns, recharge and discharge areas, wetlands and other sensitive environments, inferred regional groundwater flow directions, aquifers, aquitards and aquicludes, known primary water supply and principal aquifers, public water supply wells, and private water supply wells identified in the water supply well survey; any known peculiarities in surface water and groundwater geochemistry, and any other relevant features.

(2) Site-specific geology. The site investigation report must define site hydrogeologic conditions in three dimensions and their relationship to the proposed landfill. The report must define site geology, surface water and groundwater flow, and must relate site-specific conditions to the regional geology. The report must describe the potential impact the landfill may have on surface and groundwater resources and other receptors, including future hydrogeologic conditions, which may occur with site development, and it must describe the hydrogeologic conditions in sufficient detail to construct a comprehensive understanding of groundwater flow, which can be quantified and verified through hydrologic, geochemical, and geophysical measurements. The report must provide sufficient data to specify the location and sampling frequency for environmental monitoring points; form the basis for contingency plans regarding groundwater and surface water contamination and explosive gas migration; and support the engineering design of the landfill. The site- specific hydrogeologic evaluation must specifically discuss all units in the critical stratigraphic section. Such evaluation must include maps, cross- sections, other graphical representations, and a detailed written analysis of the following:

(i) all hydrogeologic units such as aquifers, aquitards and aquicludes, and how they relate to surface water and groundwater flow. This must include all hydrogeologic data collected during the site investigation and explain and evaluate the hydrologic and engineering properties of the site and each specific unit; and

(ii) local groundwater recharge and discharge areas, high and low groundwater tables and potentiometric surfaces for each hydrologic unit, vertical and horizontal hydraulic gradients, groundwater flow directions and velocities, groundwater boundary conditions, surface water and groundwater interactions, and an evaluation of existing water quality.

(c) Environmental monitoring plan. The environmental monitoring plan must describe all proposed on-site and off-site monitoring, including the location of all environmental, facility, and other monitoring points, sampling schedule, analyses to be performed, statistical methods, and reporting requirements. The plan must also include a schedule for construction of the groundwater monitoring wells based on site-specific hydrogeology and the sequencing of construction of landfill cells; a schedule for initiation of the existing water quality and operational water quality monitoring programs and a contingency water quality monitoring plan which specifies trigger mechanisms for its initiation. Unless otherwise approved by the department, the plan must comply with the following:

(a) Horizontal spacing of wells must be based upon site-specific conditions including groundwater flow rates, estimated longitudinal and transverse dispersivity rates, proximity to or presence of sensitive environments and groundwater users, the nature of contaminants disposed of at the site, and the proposed design and size of the landfill.

(b) In the first water-bearing unit of the critical stratigraphic section, monitoring well spacing must not exceed 500 feet along the downgradient perimeter of the facility. In sensitive environments or geologically complex environments, closer well spacing may be required. Upgradient or crossgradient well spacing must not exceed 1,500 feet and may be less in sensitive environments, or where up-gradient sources of contamination are known to exist. Subsequent water-bearing units must be monitored, as required by the department, based upon the potential for contaminant migration to that unit. Well spacing must provide at least one upgradient and three downgradient monitoring wells or well clusters for each water- bearing unit of the critical stratigraphic section.

(c) Sensitive environments or areas where public health concerns exist may be subject to more intensive groundwater monitoring requirements. In addition, the department may require the applicant to develop acceptable computer models of contaminant plume behavior from hypothetical leaks in the liner system, if necessary to determine optimum monitoring well spacing.

(d) In areas where waterflow is irregular and unpredictable and where otherwise determined to be appropriate, the applicant may be required to conduct spring, sinkhole, or other sampling to enhance the monitoring.

(e) All downgradient monitoring wells must be located as close as practical to but not more than 50 feet from the waste boundary, unless otherwise approved by the department due to site specific conditions, to ensure early detection of any contaminant plume.

(f) All upgradient and crossgradient monitoring wells must be placed far enough from the waste boundary to avoid any facility derived impacts.

(ii) Well screen placement.

(a) Well screens must be located to readily detect groundwater contamination within the saturated thickness of the first water-bearing unit, and must be installed at a representative number of points at each subsequent permeable unit throughout the critical stratigraphic section. Well screens must not act as conduits through impermeable layers. Wells monitoring the water table should be screened to ensure that the water table can be sampled at all times.

(b) Upgradient and crossgradient wells must monitor the same hydrologic units whenever possible within the critical stratigraphic section as the downgradient monitoring wells.

(iii) Screen length. Well screens must not exceed 20 feet in length, unless otherwise approved by the department. The applicant must provide technical justification for the actual screen length chosen.

(iv) Geophysical and geochemical techniques. Where existing contamination is suspected, the department may require the use of geophysical and geochemical techniques to locate contaminated zones before selecting well locations and screen depths for environmental monitoring points.

(v) If a groundwater suppression system exists at a facility, the department may require representative sampling points to be designated as environmental monitoring points. Existing water quality monitoring at these points may not be required.

(2) Surface water and sediment sampling. The environmental monitoring plan must designate monitoring points, for use in operational or contingency monitoring or both of the facility pursuant to subparagraphs (5)(ii) and (iii) of this subdivision, for all surface water bodies that may be significantly impacted by a contaminant release from the facility. Sampling activities at these monitoring points shall be for surface water and sediment. The department may require the sampling and analysis of surface water and sediment sampling points during a site investigation to understand site hydrogeology or existing patterns of contamination. In bodies of standing water, these points must be located at the closest point to the facility and must be included in existing water quality monitoring. In flowing water bodies, these points must include sufficient upgradient and downgradient locations to allow the facility's impact to be measured. These points, however, do not require existing water quality analysis. The detailed analysis requirements of these points must be specified in the contingency monitoring plan and the detailed sampling requirements must be specified in the site analytical plan.

(3) Leachate sampling. The environmental monitoring plan must specify the location of facility leachate sampling points and parameters to be analyzed so as to obtain a representative characterization of the leachate composition in the primary leachate collection and removal system and to determine the nature of liquids detected in the secondary leachate collection and removal system. The following must be included:

(i) Sampling points. All sampling points should be located to minimize pumping of leachate before sampling. Sampling points in the secondary leachate collection system should be adequate to sample liquids beneath each discrete leachate collection area or landfill cell.

(ii) Analysis required. Except as allowed by the department when a specific waste stream and its leachate are already well defined, analysis of the leachate in the primary and secondary leachate collection and removal systems must be performed semi-annually for expanded parameters. The department may require the use of specific analytical methods in these analyses when minimum detection levels are determined inadequate to fully characterize leachate.

(4) Water supply well sampling. If sampling and analysis of water supply wells is to be performed, the analytical requirements must be in accordance with those specified in the site analytical plan. Sampling frequency and analysis shall be at least quarterly for baseline parameters. Sampling methods must be consistently applied each time a well is sampled and before sampling any residential well, the New York State Department of Health and/or local health department must be notified.

(5) Water quality monitoring program. A water quality monitoring program must be implemented for all environmental monitoring points specified in the environmental monitoring plan. This program must be tailored to the site to establish existing water quality for the site prior to landfilling, operational water quality during operation of the site and the post-closure period, and contingency water quality, if contamination is detected at the site. These programs must meet the following minimum requirements:

(i) Existing water quality. The applicant must establish an existing water quality database to characterize the site geochemistry.

(a) The permit application must contain a preliminary evaluation of water quality, consisting of the first two rounds of sampling and analyses for a representative number of monitoring points at both upgradient and downgradient locations, in each water bearing hydrogeologic unit within the critical stratigraphic section, with a minimum of two samples taken from each well during the first round of sampling, unless otherwise approved by the department. The first round of these samples must be analyzed for the expanded parameters. The second round must be analyzed for the baseline parameters, except as specified in clause (d) of this subparagraph. These samples should be taken in early spring and late summer, or equivalent, to approximate periods of high and low groundwater flow. The department may require sampling and analysis of additional monitoring points as necessary to define site hydrogeology and geochemistry in support of the interpretations and conclusions of the site investigation report.

(b) Before deposition of waste in the facility, all environmental monitoring points not previously sampled must be sampled and analyzed for four rounds of quarterly sampling. The first of these sampling rounds must be analyzed for expanded parameters and the other three rounds must be analyzed for baseline parameters. Those environmental monitoring points which were sampled in accordance with clause (a) of this subparagraph must be sampled and analyzed for baseline parameters for two rounds of samples. The samples shall be obtained at different times of the year than when the sampling required by clause (a) of this subparagraph was performed. If elevated contaminant levels were detected during the preliminary evaluation of water quality, then the sampling required in this clause shall be as specified in clause (d) of this subparagraph. The department may approve phased sampling, where hydrogeologic conditions warrant, as landfill cells are constructed. The sampling of these phased monitoring points shall commence at least one year prior to solid waste deposition and shall be in conformance with the requirements of clause (b) of this subparagraph or as approved by the department. As these phased monitoring points are added to the monitoring program, the procedures contained in clause (c) of this subparagraph shall be followed to reestablish existing water quality at the facility and recompute the standard deviation.

(c) Prior to facility operation, existing water quality must be established for each hydrogeologic flow regime being monitored at the site. Existing water quality for each hydrogeologic flow regime shall be the arithmetic mean, per parameter, of the analytical results of the samples obtained from those environmental monitoring points within that flow regime prior to deposition of solid waste; provided there is no reason to believe that the distribution of the analytical results was non-uniform. The standard deviation of the analytical results for each parameter within each flow regime shall also be established at that time. Should the department determine that the sampling results are non-representative of existing water quality or do not constitute a normal, uniform distribution, then the department shall specify such additional sampling and analyses as it deems necessary to confidently establish existing water quality at the site. For those facilities where solid waste has been placed previously in other than a contiguous landfill cell, the existing water quality may be based on only some of the environmental monitoring points, subject to the approval of the department.

(d) If elevated contaminant levels are detected and additional detailed information is needed to establish a complete existing water quality database, the department may require one or more rounds of baseline or expanded parameter sampling and analysis in any sampling point, using the procedure specified for contingency monitoring required in subparagraph (iii) of this paragraph when contamination is detected.

(e) Additional sampling and analysis beyond the site boundaries may be required to determine the nature and extent of contamination and the source, if possible. This evaluation may include construction, sampling, and analysis of any additional monitoring wells, and surface water sampling points required by the department. Based upon the results of this additional data, the department may require analysis for any and all expanded parameters, to be included in quarterly or annual operational water quality sampling.

(ii) Operational water quality. The environmental monitoring plan must include a plan for operational water quality monitoring to be conducted during the operation, closure, and post-closure periods of the facility. The operational water quality monitoring plan must be able to distinguish landfill-derived contamination from the existing water quality at the site. The plan must also describe trigger mechanisms for initiating contingency water quality monitoring. The department may require modification of this plan as additional sampling data becomes available during the life of the facility. The minimum requirements for operational water quality monitoring are:

(a) Except as provided below, in each calendar year sampling and analysis must be performed at least quarterly, once for baseline parameters and three times for routine parameters. The baseline sampling event must be rotated quarterly; one round of baseline parameters to be analyzed in each calendar year will be sufficient unless a pattern of contamination exists which may require the department to change the sampling frequency. For double lined landfills, the department may allow omission of the winter sampling once a complete understanding of water chemistry has been obtained, provided that a demonstration of acceptable liner performance is made to the department. The department will require sampling and analysis on a quarterly basis, alternately analyzing for routine and baseline parameters, at all landfills which do not have a liner system constructed in accordance with section 360-2.13(f) of this Subpart.

(b) The department may approve phased sampling, where hydrogeologic conditions warrant, as landfill cells are constructed or as post-closure monitoring is completed as specified in section 360-2.15(i) of this Subpart. With department approval, sampling of specific environmental monitoring points which are not potentially impacted by the portions of the landfill already constructed, may be deferred, provided that scheduled sampling commences at least one year before landfill construction in the vicinity. The department may withdraw this approval at any time, based upon a change in facility design, operation, or performance.

(c) Operational water quality analysis must include at least those parameters specified in the Water Quality Analysis Tables for routine and baseline parameters. The department may modify these tables before granting a permit for the facility, or during the duration of the permit, if leachate composition so warrants. If subsequent leachate compositions vary or if the waste disposed of at the facility changes, the department may adjust analytical requirements accordingly.

(d) Within 90 days of completing the quarterly field sampling activities, the facility owner/operator must determine whether or not there is a significant increase from existing water quality levels established for each parameter pursuant to clause (c)(5)(i)(c) of this section.

(1) In determining whether a significant increase has occurred, the facility owner/operator must compare the groundwater quality of each parameter at each monitoring well to the existing water quality value of that parameter.

(2) A significant increase has occurred if:

(i) the groundwater quality for any parameter at any monitoring well exceeds the existing water quality value for that parameter, as established pursuant to clause (c)(5)(i)(c) of this section, by three standard deviations; or

(ii) the groundwater quality for any parameter at any monitoring well exceeds the existing water quality value for that parameter, as established pursuant to clause (c)(5)(i)(c) of this section and exceeds the water quality standards for that parameter as specified in Part 701, 702, or 703 of this Title. (e) If the owner/operator determines, pursuant to clause (d) of this subparagraph, that there is a significant increase from existing water quality levels for one or more of the parameters during field sampling for the routine parameters, excluding the field parameters, at any monitoring well, the facility owner/operator:

(1) must, within 14 days of this finding, notify the department indicating which parameters have shown significant increases from existing water quality levels; and

(2) must sample and analyze all monitoring points for the baseline parameters during the next quarterly sampling event. Subsequent sampling and analysis for baseline parameters must be conducted at least semiannually until the significant increase is determined not to be landfill-derived or the department determines such monitoring is not needed to protect public health or the environment.

(f) If the owner/operator determines, pursuant to clause (d) of this subparagraph, that there is a significant increase from existing water quality levels for one or more of the parameters during field sampling for the baseline parameters, excluding the field parameters, at any monitoring well, the facility owner/operator:

(1) must, within 14 days of this finding, notify the department indicating which parameters have shown significant increases from existing water quality levels; and

(2) must establish a contingency monitoring program meeting the requirements of subparagraph (iii) of this paragraph within 90 days except as provided for in subclause (3) of this clause.

(3) The facility owner/operator may attempt to demonstrate to the department that a source other than the facility caused the contamination or that the significant increase resulted from error in sampling, analysis, or natural variation in groundwater quality. A report documenting this demonstration must be submitted to the department for approval. If a successful demonstration is made, documented and approved by the department, the facility owner/operator may continue operational water quality monitoring as specified in this subparagraph. If, after 90 days, a successful demonstration is not made, the owner/operator must initiate a contingency monitoring program as required in subparagraph (iii) of this paragraph.

(iii) Contingency water quality. The environmental monitoring plan must include a plan for contingency water quality monitoring, as described in this subparagraph, which must be conducted when a significant increase over existing water quality has been detected pursuant to clause (c)(5)(ii)(d) of this section for one or more of the baseline parameters listed in the Water Quality Analysis Tables. All contingency water quality monitoring plans are subject to department approval, may be modified at any time by the department when necessary to protect public health and the environment, and must include the following:

(a) Within 90 days of triggering a contingency water quality monitoring program, the facility owner/operator must sample and analyze the groundwater for the expanded parameters listed in the Water Quality Analysis Tables. A minimum of one sample from each monitoring well (upgradient and downgradient) must be collected and analyzed during this sampling. If any constituents are detected in the downgradient wells as a result of the expanded parameter analysis, a minimum of two independent samples from each well (upgradient and downgradient) must be collected within 30 days of obtaining the results of the expanded parameter analysis and analyzed for the detected constituents. These samples must be collected within two weeks of each other and then compared to the existing groundwater quality values established pursuant to subparagraph (c)(5)(i) of this section. If an increase in the existing water quality values in the upgradient wells is indicated by this comparison, the existing water quality values for these parameters shall be revised to be the arithmetic mean of the results of each parameter for which analyses were performed in the upgradient wells within each hydrogeologic flow regime. The department may delete any of the expanded parameters if it can be shown that the removed parameters are not reasonably expected to be in, or derived from, the waste contained in the landfill based on the leachate sampling being performed pursuant to paragraph (c)(3) of this section.

(b) After obtaining the results from the initial or subsequent sampling required in clause (a) of this subparagraph, the facility owner/operator must:

(1) within 14 days, notify the department to identify the expanded parameters that have been detected;

(2) within 90 days, and on a quarterly basis thereafter, resample all wells, conduct analyses for all baseline parameters, and for those expanded parameters that are detected in response to clause (a) of this subparagraph. In addition, the facility owner/operator shall sample and conduct analyses annually on all wells for the expanded parameters. At least one sample from each upgradient and downgradient well must be collected and analyzed during these sampling events. The department may reduce the requirements of this subclause based on site specific conditions; and

(3) establish groundwater protection standards for all parameters detected pursuant to clause (a) of this subparagraph. The groundwater protection standards must be established in accordance with clause (f) of this subparagraph.

(c) If the concentrations of any of the expanded parameters are shown to be at or below existing water quality values for two consecutive sampling events, the owner/operator must notify the department of this finding and, if approved by the department, may remove that parameter from the contingency water quality monitoring program. If the concentrations of all the expanded parameters are shown to be at or below existing water quality values for two consecutive sampling events, the owner/operator must notify the department and, if approved by the department, may return to operational water quality monitoring.

(d) If the concentrations of any expanded parameters are above existing water quality values, but all concentrations are below the groundwater protection standard established under clause (f) of this subparagraph, the owner/operator must continue contingency monitoring in accordance with this subparagraph.

(e) If one or more expanded parameters are detected at significant levels above the groundwater protection standard established under clause (f) of this subparagraph in any sampling event, the facility owner/operator must, within 14 days of this finding, notify the department to identify the expanded parameters that have exceeded the groundwater protection standard, and notify all appropriate local government officials identified in the Contingency Plan, required pursuant to section 360-2.10 of this Subpart, that the notice has been sent to the department. The owner/operator must also:

(1) characterize the nature and extent of the release by installing additional monitoring wells as necessary;

(2) install at least one additional monitoring well at the facility boundary in the direction of contaminant migration, and sample this well in accordance with subparagraph (c)(5)(i) of this section;

(3) notify all persons who own the land or reside on the land that is directly over any part of the plume of contamination if contaminants have migrated off-site as indicated by sampling of wells in accordance with subclause (1) of this clause; and

(4) initiate an assessment of corrective measures as required by section 360-2.20 of this Subpart within 90 days; or

(5) demonstrate that a source other than the landfill caused the contamination, or that the significant increase resulted from error in sampling, analysis, or natural variation in groundwater quality. This report must be submitted for approval by the department. If a successful demonstration is made, the facility owner/operator must continue monitoring in accordance with the contingency water quality monitoring program pursuant to subparagraph (c)(3)(iii) of this section, and may return to operational monitoring if the expanded parameters are at or below existing water quality as specified in subparagraph (c)(5)(i) of this section. Unless and until a successful demonstration is made, the owner/operator must comply with this clause, including initiating an assessment of corrective measures.

(f) The owner/operator must establish a groundwater protection standard for each expanded parameter detected in the groundwater. The groundwater protection standard shall be:

(1) for parameters for which a maximum contaminant level (MCL) has been established in section 1412 of the Safe Drinking Water Act under 40 CFR part 141 (see section 360-1.3 of this Part) or for which standard has been established pursuant to Part 701, 702, or 703 of this Title, whichever is more stringent when the parameters are the same, the MCL or standard for that constituent;

(2) for parameters for which MCLs or standards have not been established, the existing water quality concentration for the parameter established from wells in accordance with subparagraph (c)(5)(i) of this section; or

(3) for parameters for which the existing water quality level is higher than the MCL or standard identified under subclause (1) of this clause, the existing water quality concentration.

(iv) Reporting of data. Unless more rapid reporting is required to address an imminent environmental or public health concern, the owner or operator of the facility must report all water quality monitoring results to the department within 90 days of the conclusion of the sample collection. The report must include:

(a) A table showing the sample collection date, the analytical results (including all peaks even if below method detection limits [MDL]), designation of upgradient wells andlocation number for each environmental monitoring point sampled, applicable water quality standards, and groundwater protection standards if established, MDL's, and Chemical Abstracts Service (CAS) numbers on all parameters.

(b) In addition, tables or graphical representations comparing current water quality with existing water quality and with upgradient water quality must be presented. These comparisons may include Piper diagrams, Stiff diagrams, tables, or other analyses.

(c) A summary of the contraventions of State water quality standards, significant increases in concentrations above existing water quality, any exceedances of groundwater protection standards, and discussion of results, and any proposed modifications to the sampling and analysis schedule necessary to meet the requirements of subparagraphs (i) through (iii) of this paragraph.

(d) All AQA/AQC documentation must be submitted to the department in a form acceptable to the department.

(e) The annual report must contain a summary of the water quality information presented in clauses (b) and (c) of this subparagraph with special note of any changes in water quality which have occurred throughout the year.

(d) Site analytical plan. The site analytical plan must describe the method of sample collection and preservation, chain of custody documentation, analyses to be performed, analytical methods, data quality objectives, procedures for corrective actions, and procedures for data reduction, validation and reporting. The site analytical plan will pertain to existing water quality monitoring programs, operational water quality monitoring programs, and a contingency water quality monitoring program which specifies trigger mechanisms for its initiation. Unless otherwise approved by the department, the site analytical plan must comply with the following:

(1) Data quality objectives.

(i) The data quality objectives for the data generation activity must be established prior to the initiation of any sampling.

(ii) The data quality objectives shall define the goals of each phase of the water quality monitoring program, including, but not limited to, the following:

(a) reasons for the analytical program;

(b) identification of any regulatory programs and standards applicable to the analytical program; and

(c) minimum detection limits for each of the parameters listed in the Water Quality Analysis Tables.

(iii) The data quality objectives shall be the basis for the development of all other portions of the site analytical plan.

(2) Analytic quality assurance (AQA)/analytic quality control (AQC).

(i) The site analytical plan must include a discussion of the AQA/AQC for the sampling program associated with the facility and shall be sufficient to ensure that the data generated by the sampling and analysis activities are of a quality commensurate with their intended use and the requirements of the department. The discussion shall detail the AQA/AQC goals and protocols for each type of environmental monitoring to be performed at the facility. Elements must include a discussion of the quality objectives of the project, identification of the qualifications of those persons who will be performing the work and their responsibilities and authorities, enumeration of AQC procedures to be followed, and reference to the specific standard operating procedures that will be followed for all aspects of the environmental monitoring program.

(3) Field sampling procedures.

(i) All field sampling procedures shall be described in detail in the site analytical plan. All field quality control procedures shall be described including types and frequency of field quality control samples to be collected such as field blanks, trip blanks, field duplicates, reference materials and material blanks.

(ii) All samples must be collected and stored in the order of the parameter's volatilization sensitivity using methods, consistently applied, which ensure sample integrity.

(iii) All sampling equipment must be constructed of inert materials designed to obtain samples with minimal agitation and contact with the atmosphere; be cleaned and protected during transport to avoid contamination; and checked before use. Dedicated equipment must be constructed of appropriate inert materials and must be appropriate for the types of sampling to be performed.

(iv) Samples must be properly preserved and delivered to the laboratory with proper chain of custody within all appropriate holding times for the parameters to be analyzed.

(v) The sampling procedures and frequencies must be protective of human health and the environment.

(vi) Monitoring well sampling techniques. Monitoring well sampling techniques must be consistently performed each time a well is sampled, and must comply with the following:

(a) In areas where the presence of explosive or organic vapors is suspected, ambient air in the well must be checked for their presence before the well is evacuated.

(b) For wells with documented contamination, where contamination by non- aqueous phase liquids may be present, standing water in the well must be checked for immiscible layers or other contaminants that are lighter or heavier than water (floaters or sinkers). If present, floaters or sinkers must be sampled and analyzed separately by a method described in the site analytical plan.

(c) Evacuation of the well must replace stagnant water in the well and the sand pack with fresh water representative of the formation. Evacuation methods, including pumping rate, depth of pump intake, and method of determining sufficiency of evacuation must be consistently applied each time the well is sampled. Evacuation methods must create the least possible turbidity in the well and must not lower the water in the well below the top of the sand pack whenever feasible. Evacuated water must be properly managed.

(d) After evacuation of the well, volatile organic samples must be collected.

(e) analysis must be performed after volatile organic samples have been collected, either within the borehole using a probe or from the next sample collected. All field test equipment must be calibrated at the beginning of each sampling day and checked and recalibrated according to the manufacturer's specifications. Calibration data must be reported with the analytical results.

(f) Groundwater samples shall not be filtered, unless otherwise approved by the department. If, due to site-specific conditions, sample turbidity cannot be reduced to 50 nephelometric turbidity units (NTUs) or less by good sampling technique or well redevelopment, the department may approve collection of both filtered and unfiltered samples for analyses of the inorganic parameters. All other analyses required will be on the unfiltered samples.

(vii) Surface water and sediment sampling techniques. Surface water and sediment sampling methods must be consistently applied to all samples, and must comply with the following:

(a) Surface water samples collected from shallow water should not include bottom sediment. In shallow moving water, downstream samples must be collected first to avoid disturbances from the bottom sediments.

(b) Each water body over three feet deep that is sampled must be checked for stratification, and each stratum must be checked for contamination using field parameters. Each stratum showing evidence of contamination must be separately analyzed. If no stratum shows such evidence, a composite sample having equal parts of water from each stratum must be analyzed.

(c) Sediment samples must be taken at each location from which surface water samples are taken, and should consist of the upper five centimeters of sediment.

(viii) Water supply well sampling techniques. Sampling methods must be consistently applied each time a well is sampled and must comply with the following:

(a) Samples should be collected directly from the well so as to yield water representative of the formations supplying the well. If this is not possible, samples must be collected as near to the well as possible and before the water is softened, filtered, or heated.

(b) If possible, samples must be collected before the water enters the pressure tank, otherwise the water must run long enough to flush water stored in the tank and pipes.

(c) Before sampling, water must be evacuated from the well to ensure a fresh sample of aquifer water.

(d) If samples are collected from a tap, aerators, filters, or other devices must be removed before sampling.

(ix) Corrective action. Standard operating procedures must be established which describe the procedures used to identify and correct deficiencies in the sample collection process. The standard operating procedure shall specify that each corrective action must be documented in the sampling report submitted to the department, with a description of the deficiency, the corrective action taken, and the persons responsible for implementing the corrective action. Any alterations to the field sampling procedures shall be included as an amendment to the site analytical plan.

(4) Laboratory procedures.

(i) Laboratory analyses must be performed by a laboratory currently certified under the appropriate approval categories by the New York State Department of Health's Environmental Laboratory Approval Program (ELAP).

(ii) The site analytical plan should contain the standard operating procedures of all laboratory activities related to the environmental monitoring plan. Any revisions to these standard operating procedures must be documented. Standard operating procedures should be available for the following, at a minimum:

(a) receipt, storage and handling of samples;

(b) sample scheduling to ensure that holding time requirements are met;

(c) reagent/standard preparation;

(d) general laboratory techniques such as glassware cleaning procedures, operation of analytical balances, pipetting techniques and use of volumetric glassware;

(e) description of how analytical methods are actually to be performed including precise reference to the analytical method used; and not a simple reference to standard methods; and

(f) standard operating procedures for equipment calibration and maintenance to ensure that laboratory equipment and instrumentation are in working order, including, but not limited to procedures and schedules for calibration and maintenance in accordance with manufacturers' specifications; and

(g) for a corrective action, standard operating procedures must be established for identifying and correcting deficiencies in the laboratory procedures. The standard operating procedure shall specify that each corrective action must be documented in the sampling event report submitted to the department with a description of the deficiency, the corrective action taken, and the person responsible for implementing the corrective action. Any alterations to the laboratory procedures shall be included as an amendment to the site analytical plan.

(5) Data quality assessment. At the conclusion of each sampling event and analysis of the samples collected, data quality assessment shall occur. A data quality assessment report must be submitted with the results from each sampling event. Data quality assessment shall occur in two phases.

(i) Data validation.

(a) For those sampling events for which only routine parameters are analyzed, the data validation shall be performed by the laboratory that performed the sample analyses.

(b) For those sampling events for which baseline or expanded parameters are analyzed, the data validation shall be performed by a person other than the laboratory that performed the analyses and that is acceptable to the department.

(c) The data validation shall be performed on all analytical data for the facility at a rate acceptable to the department, but not less than five percent of the data generated, and shall consist, at a minimum, of the following:

(1) field records and analytical data are reviewed to determine whether the data are accurate and defensible. All AQA/AQC information shall be reviewed along with any corrective actions taken during that sampling event; and

(2) all data summaries shall be clearly marked to identify any data that are not representative of environmental conditions at the site, or that were not generated in accordance with the site analytical plan.

(ii) Data usability analysis.

(a) The data usability analysis shall be performed on all analytical data for the facility and shall consist of the following:

(1) an assessment to determine if the data quality objectives were met;

(2) for consistency, comparison of the analytical data with the results from previous sampling events;

(3) evaluation of field duplicate results to indicate the samples are representative;

(4) comparison of the results of all field blanks, trip blanks, equipment rinsate blanks, and method blanks with full data sets to provide information concerning contaminants that may have been introduced during sampling, shipping, or analyzing;

(5) evaluation of matrix effects to assess the performance of the analytical method with respect to the sample matrix, and determine whether the data have been biased high or low due to matrix effects;

(6) integration of the field and laboratory data with geological, hydrogeological, and meteorological data to provide information about the extent of contamination, if it occurs; and

(7) comparison of precision, accuracy, representativeness, comparability, completeness, and defensibility of the data generated with that required to meet the data quality objectives established in the site analytical plan.

(6) The following Water Quality Analysis Tables in this section list the routine, baseline, and expanded parameters for analysis of all monitoring samples.

WATER QUALITY ANALYSIS TABLES

ROUTINE PARAMETERS1

Common Name2

CAS RN3

Suggested Methods

PQL4 (µg/l)

Field Parameters:

Static water level(in wells and sumps)

Specific Conductance

9050

Temperature

Floaters or Sinkers5

Temperature

pH

9040

Eh

9041

Dissolved Oxygen6

Field Observations7

Turbidity

180.1

Leachate Indicators:

Total Kjeldahl Nitrogen ......

351.1
351.2
351.3

60

Ammonia........

7664-41-7

351.4
350.1
350.2

200
60

Nitrate..........

350.3

100

Chemical Oxygen Demand........

9200
410.1
410.2
410.3
410.4

50000
50000
5000
80000

Biochemical Oxygen Demand (BOD5 ).....

405.1

2000

Total Organic Carbon.....

Total Dissolved Solids ...........

9060

Sulfate......

160.1
9035

40000

Alkalinity......

9036
9038

Phenols.....

310.1

20000

Chloride.....

108-95-2

310.2
8040
9250

6000

Bromide......

9251

Total hardness as CaCO3

9252
320.1
130.1
130.2

2000
20000
30000

Inorganic Parameters:

Cadmium.....

(Total)

3010
7130

40
50

Calcium.....

7131

1

Iron.........

(Total)
(Total)

7140
7380

40
100

Lead.............

(Total)

7381
6010
7420

4
400
1000

Magnesium......

7421

10

Manganese........

(Total)
(Total)

7450
7460

4
40

Potassium........

7461

0.8

Sodium.........

(Total)
(Total)

7610
7770

40
8

The department may modify this list as necessary.

Notes

1This list contains parameters for which possible analytical procedures are provided in EPA Report SW-846 Test Methods for Evaluating Solid Waste, third edition, November 1986, as revised December 1987, and Methods for Chemical Analysis of Water and Wastes, USEPA-600/4-79-020, March, 1979. The regulatory requirements pertain only to the list of parameters; the right hand columns (Methods and PQL) are given for informational purposes only. See also footnote 4.

2Common names are those widely used in government regulations, scientific publications, and commerce; synonyms exist for many chemicals.

3Chemical Abstracts Service Registry Number. Where "Total" is entered, all species in the groundwater that contain this element are included.

4Practical Quantitation Limits (PQLs) are the lowest concentrations of analytes in groundwaters that can be reliably determined within specified limits of precision and accuracy by the indicated methods under routine laboratory operating conditions. The PQLs listed are generally stated to one significant figure. PQLs are based on 5 ml samples for volatile organics and 1 L samples for semivolatile organics. CAUTION: The PQL values in many cases are based only on a general estimate for the method and not on a determination for individual compounds; PQLs are not a part of the regulation.

5Any floaters or sinkers found must be analyzed separately for baseline parameters.

1This list contains 47 volatile organics for which possible analytical procedures provided in EPA Report SW-846 Test Methods for Evaluating Solid Waste, third edition, November 1986, as revised December 1987, includes Method 8260; 25 metals for which SW-846 provides either Method 6010 or a method from the 7000 series of methods; and additional parameters for which possible procedures are provided in Methods for Chemical Analysis of Water and Wastes, USEPA-600/4-79-020, March, 1979. The regulatory requirements pertain only to the list of parameters; the right hand columns (Methods and PQL) are given for informational purposes only. See also footnote 4.

2Common names are those widely used in government regulations, scientific publications, and commerce; synonyms exist for many chemicals.

3Chemical Abstracts Service Registry Number. Where "Total" is entered, all species in the groundwater that contain this element are included.

4Practical Quantitation Limits (PQLs) are the lowest concentrations of analytes in groundwaters that can be reliably determined within specified limits of precision and accuracy by the indicated methods under routine laboratory operating conditions. The PQLs listed are generally stated to one significant figure. PQLs are based on 5 ml samples for volatile organics and 1 L samples for semivolatile organics. CAUTION: The PQL values in many cases are based only on a general estimate for the method and not on a determination for individual compounds; PQLs are not a part of the regulation.

5Any floaters or sinkers found must be analyzed separately for baseline parameters.

The department may modify this list as necessary. EXPANDED PARAMETERS1

Notes

1The regulatory requirements pertain only to the list of substances; the right hand columns (Methods and PQL) are given for informational purposes only. See also footnotes 4 and 5.

2Common names are those widely used in government regulations, scientific publications, and commerce; synonyms exist for many chemicals.

3Chemical Abstracts Service registry number. Where "Total" is entered, all species in the groundwater that contain this element are included.

4Suggested Methods refer to analytical procedure numbers used in EPA Report SW-846 Test Methods for Evaluating Solid Waste, third edition, November 1986, as revised, December 1987 and Methods for Chemical Analysis of Water and Wastes, USEPA-600-4/79-020, March, 1979. CAUTION: The methods listed are representative procedures and may not always be the most suitable method(s) for monitoring an analyte under the regulations.

5Practical Quantitation Limits (PQLs) are the lowest concentrations of analytes in groundwaters that can be reliably determined within specified limits of precision and accuracy by the indicated methods under routine laboratory operating conditions. The PQLs listed are generally stated to one significant figure. PQLs are based on 5 ml samples for volatile organics and 1 L samples for semivolatile organics. CAUTION: The PQL values in many cases are based only on a general estimate for the method and not on a determination for individual compounds; PQLs are not a part of the regulation. 6Any floaters or sinkers found must be analyzed separately for baseline parameters.

12Polychlorinated dibenzo-p-dioxins: This category contains congener chemicals, including tetrachlorodibenzo-p-dioxins (see also 2,3,7,8-TCDD), pentachlorodibenzo-p-dioxins, and hexachlorodibenzo-p-dioxins. The PQL shown is an average value for PCDD congeners. Upon request of the applicant, the department may waive the requirement to analyze for dioxins, where appropriate.

13Polychlorinated dibenzofurans: This category contains congener chemicals, including tetrachlrodibenzofurans, pentachlorodibenzofurans, and hexachlorodibenzofurans. The PQL shown is an average value for PCDF congeners. Upon request of the applicant, the department may waive the requirement to analyze for furans, where appropriate.

*The department may waive the requirement to analyze Hexavalent Chromium provided that Total and Hexavalent and Trivalent Chromium values do not exceed 0.05 mg/l.

§360-2.12 Landfill siting.

(a) Applicability. New landfills and lateral or vertical expansions of existing active landfills must be located on a site that exhibits the following characteristics unless the requirements of subdivision (b) of this section are met. A site selection study will be required only if the applicant proposes a site that does not exhibit all of the characteristics identified in either paragraph (1) or (2) of this subdivision.

(1) In the case of new landfills and lateral or vertical expansions of existing landfills:

(i) the site is not located in an area identified in section 360-1.7(a)(2) of this Part;

(ii) the site complies with the siting restrictions identified in subdivision (c) of this section;

(iii) bedrock subject to rapid or unpredictable groundwater flow must be avoided, unless it can be demonstrated that a containment failure of the facility would not result in contamination entering the bedrock system;

(iv) the site must not be in proximity of any mines, caves or other anomalous features that may alter groundwater flow;

(v) unconsolidated deposits underlying the proposed landfill must either exist or be constructed to be 20 feet or greater in thickness as measured from the base of the constructed liner system; and

(vi) the upper 20 feet of the unconsolidated deposits on the site must consist predominantly (greater than 50 percent) of soils throughout the vertical section, with a maximum in situ coefficient of permeability of 5 x 10-6 centimeters per second, with no appreciable continuous deposits having a maximum coefficient of permeability of 5 x 10-4 centimeters per second.

(2) In the case of an existing landfill active on or after November 4, 1992 operating under and in compliance with a current Part 360 permit or order on consent, the department may allow lateral or vertical expansions if the site has less than 20 feet of unconsolidated deposits provided that:

(i) the proposed landfill expansion is identified in the local solid waste management plan approved by the department under Subpart 360-15 of this Part as a component of the integrated solid waste management system for the planning unit in which the facility is located and the proposed landfill expansion must be consistent with the goals and objectives of such plan;

(ii) the unconsolidated deposits underlying the proposed landfill exist or are constructed to be 10 feet or greater in thickness as measured from the base of the constructed liner system;

(iii) the applicant demonstrates that the expansion site will have no significant adverse impact on human health, safety, or welfare, the environment, or natural resources; and

(iv) the site complies with subparagraphs (1)(i)-(iv) of this subdivision.

(3) Except in Nassau and Suffolk Counties, in the case of ash monofills for the disposal offly ash treated in a manner consistent with section 360- 3.6(g)(3) of this Part, combined ash, or bottom ash, the department may allow ash monofill development at sites that have less than 20 feet of unconsolidated deposits provided that:

(i) the proposed monofill must be identified in the local solid waste management plan approved by the department under Subpart 360-15 of this Part as a component of the integrated solid waste management system for the planning unit in which the facility is located and the proposed monofill must be consistent with the goals and objectives of such plan;

(ii) the unconsolidated deposits underlying the proposed landfill on the site exist or are constructed to be 10 feet or greater in thickness as measured from the base of the constructed liner system;

(iii) the applicant demonstrates that the monofill site will have no significant adverse impact on the public health, safety or welfare, the environment or natural resources; and

(iv) the site complies with subparagraphs (1)(i)-(iv) of this subdivision.

(b) Exceptions. New landfills and lateral or vertical expansions of existing landfills may be located on sites that do not exhibit the characteristics identified in subdivision (a) of this section provided that the requirements of paragraphs (1) and (2) of this subdivision are met. The department may impose additional requirements to assure that the permitted activity will have no significant adverse impact on the public health, safety or welfare, the environment or natural resources for any site selected pursuant to this subdivision.

(1) The proposed landfill must be identified in the local solid waste management plan approved by the department under Subpart 360-15 of this Part as a component of the integrated solid waste management system for the planning unit in which the facility is located, and the proposed landfill must be consistent with the goals and objectives of such plan.

(2) The applicant must perform a site selection study and submit a site selection report as part of a complete application. This report must describe the factors that prevent the applicant from using a site exhibiting the characteristics identified in subdivision (a) of this section. Such factors may include, but are not limited to, the proximity to receiving waters or proximity to sewer lines or POTWs to ensure proper management of leachate during the operational and post-closure period of the landfill. The site selection report must also demonstrate that the chosen site will have no significant adverse impact on public health, safety, or welfare, the environment or natural resources, and will be consistent with the provisions of the ECL.

(i) The site selection process must be comprehensive and must identify and evaluate a reasonable range of alternative sites which are feasible considering the capabilities and objectives of the applicant. All of the criteria used to eliminate and evaluate the suitability of the potential sites must be clearly defined and consistently applied. A phased approach must be used, in which a more detailed evaluation of sites occurs as the number of potential sites is reduced.

(a) The applicant must exclude inappropriate siting areas by avoiding the prohibited siting areas identified in section 360-1.7(a)(2) of this Part and applying the landfill siting restrictions identified in subdivision (c) of this section.

(b) The applicant must evaluate potential siting areas to identify alternative sites that are suitable for landfill development. When applying the siting criteria, the evaluation must include the use of the type of data listed in section 360-2.11(a)(2) of this Subpart. Field reconnaissance to confirm the published information and a morphologic evaluation of landforms must be performed to identify the areas which are likely to have thick low permeable soils available within the study area. The applicant must use the following criteria in the landfill site selection study:

(1) Unconsolidated deposits on the site must be those most likely to minimize the migration of contaminants from the landfill. In evaluating the sites, preferred sites should have the greatest possible thickness of these materials to provide a barrier to contaminant migration into bedrock;

(2) bedrock subject to rapid or unpredictable groundwater flow must be avoided unless it can be demonstrated that a containment failure of the facility would not result in contamination entering the bedrock system resulting in a contravention of groundwater standards;

(3) probable groundwater flow patterns and water quality must be considered in finding areas where containment failure would do the least environmental damage and would be easiest to correct;

(4) proximity and hydrogeologic relationship to water supply sources;

(5) natural topography and its impacts upon the proposed facility; and

(6) relationship to mines, caves, or other anomalous hydrogeologic features that might alter groundwater flow.

(c) Preliminary field investigations must be conducted at the highest ranking available site or sites, to identify any major obstacles to site development, and to provide sufficient data to differentiate among the preferred sites and support a siting decision.

(ii) The report must describe the process used to select the proposed site, including evaluation criteria, deferral (elimination) criteria, assumptions, data sources, decisionmaking means (such as numerical ranking systems) and other factors used to make the siting decisions. The report must demonstrate that, considering the capabilities and objectives of the applicant, a reasonable range of alternative sites available throughout the planning unit in which the project is proposed were evaluated and that the selected site is the most appropriate alternative. The decisionmaking process must be described to provide a clear understanding of how and why the siting decisions were made, and at a level of detail sufficient to provide for a comparative assessment of the alternatives discussed. The report must also include maps of sites and describe the results of the field investigations, the comparative advantages and disadvantages of the highest ranked sites, and the basis for selecting the proposed sites.

(c) Landfill siting restrictions. In addition to the provisions of section 360-1.7(a)(2) of this Part, the following landfill siting restrictions apply.

(1) Primary water supply, and principal aquifers:

(i) Except in Nassau and Suffolk Counties, and except as provided in subparagraph (ii) of this paragraph, no new landfill and no lateral or vertical expansion of an existing landfill may be constructed over primary water supply aquifers, principal aquifers, within a public water supply stabilized cone of depression area, or within a minimum distance of 100 feet to surface waters that are actively used as sources of municipal supply. Greater separation distances may be required in accordance with subparagraph (iii) of this paragraph.

(ii) The commissioner may allow lateral or vertical expansions of landfills, in operation pursuant to a valid Part 360 permit to operate or Order on Consent as of December 31, 1988, that are on principal aquifers, if there is a demonstrated public need for the capacity provided by the expansion that cannot be reasonably provided elsewhere, and that outweighs the potential risk of contamination to the aquifer. Additionally, the landfill expansion must promote the implementation of the State's solid waste management policy set forth in ECL 27-0106 and must be an integral part of any local solid waste management plan that may be in effect for the planning unit (as defined in ECL 27-0107) within which the facility is located; and the expansion must comply with all other requirements of this Part. However, the maximum time period allocated by the commissioner for any such expansion must not allow operation beyond December 31, 1995. In granting any expansion pursuant to this subparagraph, the department must impose specific conditions that are reasonably necessary to assure that the expansion will, to the extent practicable, have no significant adverse impact on public health or safety, welfare, the environment ornatural resources, and such approval contributes to the proper management of solid waste at the earliest possible time.

(iii) The required horizontal separation between deposited solid waste, and primary water supply aquifers, principal aquifers, public water supply stabilized cone of depression areas, or surface waters that are actively used as sources of municipal supply must be sufficient (based on the rate and direction of groundwater and surface water flow, landfill design and requirements for corrective action in the event of failure of the landfill's containment system) to preclude contravention of groundwater standards in the aquifer and surface water standards in waters that are currently used as a source of municipal drinking water supply.

(2) Floodplains. Owners or operators of new landfill units, existing landfill units, and lateral expansions located in 100-year floodplains must demonstrate that the unit will not restrict the flow of the 100-year flood, reduce the temporary water storage capacity of the floodplain, or result in washout of solid waste so as to pose a hazard to human health and the environment.

(3) Aircraft safety.

(i) A landfill or landfill subcell into which putrescible solid waste is to be disposed must be located no closer than 5,000 feet from any airport runway end used by piston-powered fixed-wing aircraft and no closer than 10,000 feet from any airport runway end used by turbine-powered fixed-wing aircraft.

(ii) A landfill or landfill subcell into which putrescible solid waste is to be disposed, which is located within five miles of any airport runway end, must not, in the opinion of the Federal Aviation Administration, pose a potential bird or obstruction hazard to aircraft.

(iii) The permittee of an existing landfill or landfill subcell that is authorized to dispose of putrescible solid waste and that is located less than 10,000 feet from any airport runway end used by turbine-powered fixed- wing aircraft or less than 5,000 feet from any airport runway end used only by piston-powered fixed-wing aircraft must provide in its permit renewal application documentation that the Federal Aviation Administration believes the landfill or landfill subcell does not pose a bird hazard to aircraft.

(iv) Landfills containing only nonputrescible solid waste may be located less than 10,000 feet from any airport runway end used by turbine-powered fixed-wing aircraft or less than 5,000 feet from any airport runway end used only by piston-powered fixed-wing aircraft, if in the opinion of the Federal Aviation Administration they will not present a safety hazard to air traffic.

(v) The final elevation of a new landfill or expansion of an existing landfill must not extend more than 200 feet above the highest elevation of the land surface that existed prior to landfill development, unless the Federal Aviation Administration believes that the proposed fill height in excess of 200 feet will not present a safety hazard to air traffic.

(4) Unstable areas. A landfill must not be located in unstable areas where inadequate support for the structural components of the landfill exists or where changes in the substrate below or adjacent to the landfill are capable of impairing the integrity of some or all of the landfill structural components responsible for preventing releases from a landfill. An application for expansion of an existing landfill must demonstrate that adequate support for the structural components of the landfill exists or can be engineered to support any additional loads that may be generated by continued operation of the facility. For purposes of this paragraph:

(i) Unstable area means a location that is susceptible to natural or human- induced events or forces capable of impairing the integrity of some or all of the landfill structural components responsible for preventing releases from a landfill. Unstable areas can include poor foundation conditions, areas susceptible to mass movements, and karst terrains.

(ii) Structural components means liners, leachate collection systems, final covers, run- on/run-off systems, and any other component used in the construction and operation of the landfill that is necessary for protection of human health and the environment.

(iii) Poor foundation conditions means those areas where features exist which indicate that a natural or human-induced event may result in inadequate foundation support for the structural components of a landfill.

(iv) Areas susceptible to mass movement means those areas of influence (i.e., areas characterized as having an active or substantial possibility of mass movement) where the movement of earth material at, beneath, or adjacent to the landfill because of natural or human-induced events, results in the downslope transport of soil and rock material by means of gravitational influence. Areas of mass movement include, but are not limited to, landslides, avalanches, debris slides and flows, soil fluctuation, block sliding and rock fall.

(v) Karst terrains means areas where karst topography, with its characteristic surface and subterranean features, is developed as the result of dissolution of limestone, dolomite, or other soluble rock. Characteristic physiographic features present in karst terrains include, but are not limited to sinkholes, sinking streams, caves, large springs and blind valleys.

(5) Unmonitorable or unremediable areas. New landfills must not be located in areas where environmental monitoring and site remediation cannot be conducted. Identification of these areas must be based upon ability to sufficiently characterize groundwater and surface water flow to locate upgradient and downgradient directions; ability to place environmental monitoring points which will detect releases from the landfill; ability to characterize and define a release from the landfill and determine what corrective actions may be necessary; and the ability to carry out those corrective actions. Lateral expansions adjacent to existing landfills which are already contaminating groundwater may be allowed by the department if the proposed expansion area can be constructed in a way that demonstrates compliance with the regulations. This may be demonstrated using remedial actions at the existing site resulting in a demonstrated improvement in groundwater quality; and any additional monitoring requirements that the department needs to ensure the integrity of the expansion area, such as leakage detection lysimeters installed beneath the new liner, statistical triggers of groundwater monitoring, tracers, additional monitoring wells surrounding the entire site, and any other monitoring methods required by the department.

(6) Fault areas. New landfills and lateral expansions shall not be located within 200 feet of a fault that has had displacement in Holocene time unless the owner or operator demonstrates to the department that an alternative setback distance of less than 200 feet will not result in damage to the structural integrity of the landfill unit and will be protective of human health and the environment.

(7) Seismic impact zones. New landfills and lateral expansions shall not be located in seismic impact zones, unless the owner or operator demonstrates to the department that all permanent containment structures, including liners, leachate collection systems, and surface water control systems, are designed to resist the maximum horizontal acceleration in lithified earth material for the site pursuant to the provisions of section 360-2.7(b)(7) of this Subpart.

(8) Federally regulated wetlands. For the purpose of this Subpart, federally regulated wetlands means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marsh, bogs and similar areas. New landfills and lateral expansions shall not be located in federally regulated wetlands, unless the appropriate permits are obtained from the U.S. Army Corps of Engineers, and unless the owner or operator can make the following demonstrations to the department, to the extent required under federal or State law.

(i) The presumption that a practicable alternative to the proposed landfill is available, which does not involve federally regulated wetlands, is clearly rebutted.

(ii) The construction and operation of the landfill will not:

(a) cause or contribute to violations of any applicable water quality standard;

(b) violate any applicable toxic effluent standard or prohibition;

(c) jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of a critical habitat; and

(d) violate any requirement for the protection of a marine sanctuary.

(iii) The landfill will not cause or contribute to significant degradation of federally regulated wetlands. The owner or operator must demonstrate the integrity of the landfill and its ability to protect ecological resources by addressing the following factors:

(a) erosion, stability and migration potential of native wetland soils, muds, and deposits used to support the landfill;

(b) erosion, stability and migration potential of dredged and fill materials used to support the landfill;

(c) the volume and chemical nature of the waste managed in the landfill;

(d) impacts from release of the solid waste on fish, wildlife, and other aquatic resources and their habitat;

(e) the potential effects on catastrophic release of waste to the federally regulated wetland and the resulting impacts on the environment; and

(f) any additional factors, as necessary, to demonstrate that ecological resources in the federally regulated wetland are sufficiently protected.

(iv) Steps have been taken to attempt to achieve no net loss of federally regulated wetlands to the extent required under federal or State law (as defined by acreage and function) by first avoiding impacts to federally regulated wetlands to the maximum extent practicable, then minimizing unavoidable impacts to the maximum extent practicable, and finally by offsetting remaining unavoidable wetland impacts through all appropriate and practicable compensatory mitigation actions (e.g. restoration of existing degraded wetlands or creation of new wetlands).

(v) Sufficient information is available to make a reasonable determination with respect to these demonstrations.